HomeMy WebLinkAboutMisconduct Charges against Commissioner David GuessA RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE CITY OF
PADUCAH, KENTUCKY CHARGING COMMISSIONER DAVID GUESS WITH
MISCONDUCT PURSUANT TO KRS 83A.040(9)
WHEREAS, on November 8, 2022, Commissioner David Guess sent text
messages to a City employee which included language with racial undertones; and
WHEREAS, minority inclusion has been a Commission priority for the City of
Paducah with all City Commissioners having attended Diversity, Equity, and Inclusion
(DEI) training; and
WHEREAS, the Commission supported the startup and development of the
Paducah Diversity Advocacy Board; and
WHEREAS, the Commission actively supported the Minority Small Business and
Entrepreneurship Training and Development Program at West Kentucky Community and
Technical College; and
WHEREAS, the City sponsored Paducah's first ever Juneteenth celebration with
the Carson Center and the Paducah -McCracken County NAACP and co-sponsored the
annual August 8th Celebration; and
WHEREAS, because the Commission has made minority inclusion a priority
mission through these various programs, City Commission members must be held to the
highest leadership and ethical standards, particularly with respect to racial issues; and
WHEREAS, the City has held its employees to a high standard in this regard such
that racial discrimination and/or harassment is not tolerated and has resulted in
termination of employment with the City; and
WHEREAS, the text messages sent by Commissioner Guess have undermined the
Commission's mission in this regard and negatively impacted City employees; and
WHEREAS, there is probable cause to believe that, in sending the text messages
at issue, Commissioner Guess engaged in misconduct in the performance of his duties as
a City Commissioner.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF
COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY:
Section 1. On November 8, 2022, Commissioner David Guess sent text messages
to a City employee about an African-American City Commission candidate which
included language with racial undertones, stating "You got dujan (sic) under control" and
"Whitey keeping a black man down." See text message exchange attached hereto as
Exhibit A. Commissioner Guess has admitted that he sent the text messages at issue. See
Facebook Message issued by Commissioner David Guess, attached hereto as Exhibit B.
Section 2. There is probable cause to believe that, in sending these text messages,
Commissioner David Guess engaged in misconduct in the performance of his duties of
his office.
Section 3. Commissioner Guess is hereby charged with misconduct pursuant to
KRS 83A.040(9).
Section 4. Pursuant to KRS 83A.040(9), Commissioner Guess is entitled to a full
public hearing before the Board of Commissioners, which will be scheduled in the near
future.
DULY ADOPTED by the Board of Commissioners of the City of Paducah,
Kentucky in lawful session assembled, this 15th day of December, 2022.
George P. Bray
Mayor
Attest:
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Lindsay Parish
City Clerk
Adopted by the Board of Commissioners, December 15, 2022
Recorded by City Clerk, Lindsay Parish, December 15, 2022
CERTIFICATION
I, the undersigned, do hereby certify that I am the duly qualified and acting City
Clerk of City of Paducah, Kentucky, and as such City Clerk, I further certify that the
foregoing is a true, correct, and complete copy of a Resolution duly enacted by the Board
of Commissioners of the City at a duly convened meeting held on December 15, 2022, on
the same occasion signed by the Mayor as evidence of his approval, and now in full force
and effect, all as appears from the official records of the City in my possession and under
my control.
Witness my hand as City Clerk of the City as of M0 oo who S Fi a
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City Clerk
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